Police: Day care workers dithered over reporting alleged abuse

Officials at a Far-Northside day care didn't report a serious child molestation allegation for nearly 20 hours, and failed to inform the child's parents, even though the state requires them to report such allegations "immediately."

The 4-year-old's parents didn't find out until hours later, when the girl said she hurt "down there." When her mother asked why, the girl ran upstairs crying. She eventually told her mother that "Mr. Ali" put his finger inside her during nap time on Aug. 21 at her day care.

A spokeswoman for Bright Horizons Children's Centers LLC, which operates the day care, declined to answer specific questions about the incident and the employees' actions.

"We are taking this situation very seriously and are fully supporting authorities in their investigation," spokeswoman Bridget Perry said.

Police interviews with family members and caregivers are detailed in court records filed Wednesday:

Day care officials first heard the molestation allegations around 1:30 p.m. — within an hour of the alleged incident. The 4-year-old told another day care employee about it.

Instead of notifying officials, the caregiver told police, she asked the girl whether she was lying and made the 4-year-old repeat the allegations in front of Al-Awadi.

"No, thank you," Al-Awadi replied loudly in response to what the girl said. The caregiver told police that Al-Awadi picked up the 4-year-old, placed her on his lap and told her, "I didn't do that."

He eventually let her off his lap and left the room. Al-Awadi later claimed the girl had "pinched her vagina on my watch" when he tried to lay her down for a nap.

After Al-Awadi left the room, the caregiver continued to ask the girl to explain what happened — even though the state requires employees to refrain from questioning children and suspected abusers beyond gathering enough information to report it to authorities. The girl's description of events never changed.

That caregiver then went back to work and "thought about it for about 20 minutes" before telling another day care employee what the girl said. Two other employees also questioned the girl. At least five employees were informed of the allegations, but no one reported it to the girl's parents, nor did anyone immediately notify police or any other enforcement agency, court records state.

Al-Awadi was allowed to continue caring for children for at least three hours. He was still working when the girl's father came to pick her up around 4:50 p.m.

A day care employee told police she closely watched them leave in case the 4-year-old told her father what happened. The employee said she was concerned the father might get upset and do something to Al-Awadi.

The girl's father later told police that Al-Awadi had waved to him as the family left the day care.

After the family left, day care supervisors put Al-Awadi on administrative leave. Then three employees discussed whether they should have called police or reported the allegation to the Indiana Department of Child Services. They decided not to because their director, who was out of town, told them to wait to hear from a regional manager.

It wasn't until later that evening that the girl's parents learned something was wrong.

They took the girl to the emergency room, where hospital examiners determined her injuries were consistent with what she said had happened. When an investigator who specializes in interviewing children asked the 4-year-old what Al-Awadi does at the day care, the girl replied: "Hurt me."

When the girl's mother called the day care, an employee said, "Yes, we know that. Mr. Ali is suspended until it is resolved, and we are investigating." The employee said the day care hadn't notified the family because it had to follow a process.

"Our team reported this incident under the guidelines established by the state of Indiana," Perry said in a statement.

But the state requires a licensed child care facility to "immediately" tell an affected child's parents and the Family and Social Services Administration, which regulates and inspects day cares, about any serious occurrences involving a child. Day cares also are required to report suspected abuse or neglect to DCS.

The state defines "immediately" as within one hour. Court records indicate the day care didn't notify FSSA or DCS until the next morning — more than 20 hours later.

By then, DCS had been notified. DCS spokesman James Wide said he could not reveal who reported the allegation.

It is unclear whether any employees at the Children's Choice Learning Center will face criminal charges for failing to immediately report it. People who fail to report suspected child abuse or neglect could be charged with a misdemeanor.

Lt. Chris Bailey, spokesman for the Indianapolis Metropolitan Police Department, said police "do not customarily release investigative leads or potential suspects." A.J. Deer, spokesman for the Marion County prosecutor's office, said it is an ongoing investigation, but prosecutors are not pursuing charges at this time.

DCS and FSSA officials also said they still are investigating the situation.

The day care employees' failure to notify the parents and authorities also may have violated the day care's own policies. According to court records, the center requires employees to immediately contact parents.

Al-Awadi remained in the Marion County Jail on Wednesday evening.

Al-Awadi had a history of concerning behavior during his year of employment at the day care, court records indicate. An employee said Al-Awadi "took preference" with girls — letting them sit in his lap during circle time and taking them to the bathroom even when a female employee offered to do so. He had been warned a few months before about picking up kids.

A day care employee told police she had documented those incidents and conversations, but the records were no longer in his file.

Perry said the company's primary concern is the health and safety of the children.

"We are doing our own internal investigation to ensure that our team acted with the sense of urgency we would want in communicating this very serious situation," she said.